Bill
Number: H.R. 4
Short Title: Securing America's Future Energy Act
Introduced: July 27, 2001
Sponsor: Congressman W. J. (Billy) Tauzin (R-LA)
Purpose: To enhance energy conservation, research, and development
and to provide for security and diversity in the energy supply for the American
people, and for other purposes.
Summary: Expresses the sense of Congress that the U.S. should take
all actions necessary in the areas of conservation, efficiency, alternative
source, technology development, and domestic production to reduce the U.S.
dependence on foreign energy sources from 56 percent to 45 percent by January
1, 2012, and to reduce U.S. dependence on Iraqi energy sources from 700,000
barrels per day to 250,000 barrels per day by January 1, 2012. Division A
- Energy Advancement and Conservation Act of 2001 - Title I: Energy Conservation
- Subtitle A: Reauthorization of Federal Energy Conservation Programs - Amends
the Department of Energy Organization Act to reauthorize through FY 2006 specified
Federal Energy Conservation Programs including: (1) promotion of export of
energy efficient products; (2) energy conservation standards for new buildings;
(3) the Federal Energy Management Program; (4) energy efficient lighting and
building centers; (5) energy efficiency labeling for windows and window systems;
(6) energy efficiency for commercial office equipment; (7) energy efficiency
information for luminaries; (8) energy efficiency in industrial facilities;
and (9) process-oriented industrial energy efficiency. Subtitle B: Federal
Leadership in Energy Conservation - Expands the purposes of the National Energy
Conservation Policy Act (NEPCA) to include Federal Government promotion of
production, supply, and marketing of energy efficiency products and services,
and the production, supply, and marketing of unconventional and renewable
energy resources. (Sec. 121) Revises energy performance requirements for Federal
buildings through FY 2020. Authorizes appropriations through FY 2010 for studies
by the Secretary of Energy (Secretary) to identify and encourage production
and marketing of energy efficiency products and services, and of unconventional
and renewable energy resources. Prescribes implementation guidelines for:
(1) Federal agency acquisition of only Energy Star products when purchasing
energy-using products; and (2) metering and submetering of all energy-using
Federal buildings (including buildings owned by the legislative and judicial
branches). Requires each Federal agency to conduct energy management reviews
and to implement measures to achieve the potential efficiency and renewable
savings identified in such reviews. (Sec. 122) Revises the meaning of cost
savings in Federal Energy Savings Performance Contracts. Treats reduction
in the cost of water and replacement facilities as energy savings. Requires
a Federal agency to engage in contracting and auditing to implement energy
savings performance contracts to ensure compliance with the energy efficiency
requirements of this Act. (Sec. 123) Authorizes a utility incentive program
to include a contract or contract term designed to provide for cost-effective
electricity demand management, energy efficiency, or water conservation. Encourages
Federal agencies to participate in State or regional demand side reduction
programs, including those operated by wholesale market institutions such as
independent system operators, and regional transmission organizations. (Sec.
124) Mandates Federal agency compliance with specified efficiency standards
governing air conditioners and heat pumps. (Sec. 125) Directs the Secretary
to establish an Advanced Building Efficiency Testbed program to develop, test,
and demonstrate advanced engineering systems, components, and materials to
enable innovations in building technologies. Authorizes appropriations. (Sec.
126) Mandates: (1) Federal agency use of interval consumption data that measure
real time electricity consumption in Federal buildings; (2) a review of the
Federal Energy Savings Performance Contracts program to identify obstacles
that prevent Federal agencies from fully utilizing it; and (3) an evaluation
of the Capitol Complex energy infrastructure to determine how it could be
augmented to become more energy efficient, using unconventional and renewable
energy resources, so as to enable the Complex to have reliable utility service
in the event of power fluctuations, shortages, or outages. Authorizes appropriations
for the Capitol Complex evaluation. Subtitle C: State Programs - Amends the
Energy Policy and Conservation Act to direct the Secretary at least once every
three years to invite the Governor of each State to: (1) review and revise,
if necessary, the State energy conservation plan, taking into consideration
the energy conservation plans of other States within the region; and (2) identify
opportunities and actions implemented in pursuit of common energy conservation
goals. Requires State energy plans to contain a specified energy efficiency
improvement goal. (Sec. 132) Authorizes appropriations for: (1) State energy
conservation plans (through FY 2005); (2) the energy conservation program
for schools and hospitals (through FY 2010); (3) the weatherization assistance
program (through FY 2005); and (4) the Low-Income Home Energy Assistance program
(through FY 2005). (Sec. 135) Establishes in Department of Energy (DOE) the
High Performance Public Buildings Program for energy efficiency assistance
grants to local government units. Authorizes appropriations. Subtitle D: Energy
Efficiency for Consumer Products - Establishes an Energy Star program at DOE
and the Environmental Protection Agency (EPA) to identify and promote energy-efficient
products and buildings in order to reduce energy consumption, improve energy
security, and reduce pollution through labeling of products and buildings
that meet the highest energy efficiency standards. Divides implementation
responsibilities between DOE and EPA, and directs each to: (1) promote Energy
Star compliant technologies as the preferred technologies for achieving energy
efficiency and pollution reduction; (2) work to enhance public awareness of
the Energy Star label; (3) preserve the integrity of the Energy Star label;
and (4) determine whether the Energy Star label should be extended to certain
additional products and buildings. (Sec. 141A) Establishes in DOE and EPA
the Energy Sun Renewable and Alternative Energy Program, a government-industry
partnership administered by the Secretary of Energy (Secretary) and the Administrator
of EPA (Administrator), to identify and promote the purchase of renewable
and alternative energy products. Prescribes program parameters. (Sec. 142)
Directs the Secretary to make recommendations to the Federal Trade Commission
about labeling of certain consumer products that is likely to assist consumers
in making purchasing decisions and is technologically and economically feasible.
(Sec. 143) Prohibits household appliances from consuming more than one watt
of standby mode electric energy. Directs the Secretary to: (1) prescribe an
energy conservation standard of standby mode electric energy consumption by
digital televisions sets, digital set top boxes, and digital video recorders;
(2) develop and implement a public education campaign concerning the energy
savings resulting from regularly scheduled maintenance of air conditioning,
heating, and ventilating systems; and (3) prescribe testing requirements,
and assess the current and projected future market, for residential furnace,
central air conditioner, heat pump circulation, and suspended ceiling fans,
and refrigerated bottled or canned beverage vending machines. Subtitle E:
Energy Efficient Vehicles - Authorizes a State, for energy conservation purposes,
to permit a hybrid vehicle or a vehicle fueled by an alternative fuel with
fewer than two occupants to operate in high occupancy vehicle lanes. (Sec.
152) Directs the Secretary to establish a public-private research partnership
with railroad carriers, locomotive manufacturers, and a world-class research
and test center dedicated to the advancement of railroad technology, efficiency,
and safety that is owned by the Federal Railroad Administration and operated
in the private sector, for the development and demonstration of locomotive
technologies that increase fuel economy, reduce emissions, improve safety,
and lower costs. Authorizes appropriations for FY 2002 through 2004. (Sec.
153) Amends the Energy Policy Act of 1992 to allow biodiesel fuel use credits
to be considered as credits for acquisition by a fleet or a covered person
of an alternative fueled light duty motor vehicle in excess of the number
required. (Sec. 154) Directs the Administrator of the Environmental Protection
Agency (EPA) to review EPA policies regarding the use of mobile to stationary
source trading of emission credits under the Clean Air Act to determine whether
such trading can provide both nonattainment and attainment areas with additional
flexibility in achieving and maintaining healthy air quality and increasing
use of alternative fuel and advanced technology vehicles, thereby reducing
U.S. dependence on foreign oil. Subtitle F: Other Provisions - Requires each
Federal agency to: (1) review its regulations and standards to determine those
that act as a barrier to market entry for emerging energy-efficient technologies;
and (2) periodically detail for Congress and the President all regulatory
barriers to emerging energy-efficient technologies, along with agency actions
to remove such barriers. (Sec. 162) Directs the EPA Administrator to: (1)
determine whether the Agency's mobile source air emissions models used under
the Clean Air Act accurately reflect emissions resulting from extended idling
of heavy-duty trucks and other vehicles and engines; (2) update those models
the Administrator deems appropriate; (3) review the appropriate emissions
reductions credit that should be allotted under such Act for advanced idle
elimination systems; (4) review whether such credits should be subject to
an emissions trading system; and (5) revise Agency regulations and guidance
as the Administrator deems appropriate. (Sec. 163) Requires the Secretary
and the Administrator to conduct a joint study and report to Congress on the
benefits and feasibility of: (1) oil by-pass filtration technology in motor
vehicle engines in terms of reduced demand for oil and reduced waste and air
pollution; and (2) using such technology in the Federal motor vehicle fleet.
(Sec. 164) Directs the Secretary to study and report to Congress on: (1) the
economic feasibility of installing small cogeneration facilities utilizing
excess gas flares at petrochemical facilities to provide reduced electricity
costs to customers living within three miles of the facilities; and (2) the
energy conservation implications of the widespread adoption of telecommuting.
Title II: Automobile Fuel Economy - Amends Federal transportation law to direct
the Secretary of Transportation to: (1) prescribe average fuel economy standards
for non-passenger automobiles manufactured in model years 2004 through 2010
that are calculated to ensure that the aggregate amount of gasoline projected
to be used is at least five billion gallons less than the aggregate amount
used under the standard applicable to non-passenger automobiles manufactured
in model year 2002; and (2) consider the potential benefits of establishing
a certain weight-based system for non-passenger automobiles, and prescribing
different fuel economy standards for such system. (Sec. 203) Extends: (1)
the manufacturing incentives for dual fueled automobiles through model year
2008; and (2) the limitation on the maximum average fuel economy increase
for such automobiles. (Sec. 204) Revises fuel economy standards governing
the Federal fleet of automobiles to direct the head of each executive agency
to: (1) determine the baseline average fuel economy for the agency's fleet;
and (2) manage procurement so that the average fuel economy of new automobiles
in the agency's fleet is not less than specified miles per hour higher than
such baseline by certain deadlines. (Sec. 205) Amends the Energy Policy Act
of 1992 to mandate: (1) specified additional alternative fueled or hybrid
vehicles for the Federal light-duty motor vehicle fleet; and (2) reduction
of petroleum-based nonalternative fuel purchases for the fleet through the
purchase of alternative fuels in order to achieve total fleet reliance upon
alternative fuels. Requires the Secretary to promulgate implementation standards,
monitor compliance with such mandate, and report annually to Congress. Authorizes
appropriations. (Sec. 207) Directs the Secretary of Transportation to arrange
with the National Academy of Sciences to study the feasibility and effects
of reducing automobile fuel use by a significant percentage by model year
2010. Title III: Nuclear Energy - Amends the Atomic Energy Act of 1954 to
set 40 years as the maximum initial duration of a combined construction and
operating license for an industrial or commercial nuclear energy utilization
and production facility. (Sec. 303) Extends the prohibition against the withdrawal
of funds from the U.S. Enrichment Corporation Fund (USEC Fund) to treat and
recycle depleted uranium hexafluoride until one year after the date on which
the President submits to Congress the budget request for FY 2005. (Sec. 304)
Requires the NRC to: (1) record its official business discussions; (2) notify
the public within 15 days afterwards; and (3) make a transcript of the recording
available to the public upon request. (Sec. 305) Authorizes appropriations
for: (1) cooperative, cost-shared, agreements between DOE and domestic uranium
producers regarding improved in situ leaching mining technologies; (2) demonstration
projects with domestic uranium producers regarding enhanced production with
minimal environmental impacts, restoration of well fields, and decommissioning
and decontamination activities; and (3) a contract with the Nation's sole
remaining uranium converter for research and development to improve the environmental
and economic performance of U.S. uranium conversion operations. (Sec. 307)
Directs the Secretary to submit a plan to Congress that establishes scope,
cost, schedule, sequence of activities, and contracting strategy for: (1)
decontamination and decommissioning of the DOE's surplus buildings and facilities
at the Paducah Gaseous Diffusion Plant that have no future anticipated reuse;
and (2) remediation of DOE Material Storage Areas at the plant. (Sec. 308)
Instructs the Secretary to study and report to Congress on the feasibility
of developing commercial nuclear energy production facilities at existing
DOE sites. (Sec. 309) Amends the USEC Privatization Act to prohibit Federal
sales or transfer of uranium, with specified exceptions, through March 23,
2009, (including natural uranium concentrates, natural uranium hexafluoride,
enriched uranium, depleted uranium, or uranium in any other form). Title IV:
Hydroelectric Energy - Amends the Federal Power Act to authorize license applicants
for project works within any Federal reservation to propose alternatives to
conditions or fishways prescribed by certain Federal agencies. (Sec. 402)
Directs the Federal Energy Regulatory Commission (FERC) to: (1) revise its
data collection procedures concerning hydroelectric licenses under consideration;
and (2) submit a status report thereon to certain congressional committees.
Title V: Fuels - Directs the EPA Administrator to commence a rulemaking to
determine whether modified regulations governing: (1) the transition to high
ozone season reformulated gasoline are necessary to ensure that such transition
minimizes disruptions to the general availability and affordability of gasoline,
and maximizes flexibility regarding draining and inventory management of gasoline
storage tanks consistent with the Clean Air Act; and (2) certain requirements
relating to gasoline blendstocks are necessary to facilitate the movement
of gasoline and gasoline feedstocks among different regions, and to improve
the ability of petroleum refiners and importers to respond to regional gasoline
shortages and prevent unreasonable short-term price increases. (Sec. 503)
Directs the Administrator and the Secretary jointly to analyze and report
to Congress on Federal, State, and local requirements for designated ("boutique")
motor vehicle fuels that vary among regions and jurisdictions, including recommended
legislative actions to: (1) simplify the national distribution system; (2)
make it more cost-effective; and (3) reduce the costs and increase the availability
of motor vehicle fuel while meeting Clean Air Act requirements. (Sec. 504)
Authorizes appropriations from the Leaking Underground Storage Trust Fund
for certain actions concerning methyl tertiary butyl ether (MTBE) contamination
from underground storage tanks. Title VI: Renewable Energy - Directs the Secretary
to publish an assessment by the National Laboratories of all renewable energy
resources available within the U.S. (Sec. 602) Amends the Energy Policy Act
of 1992 to prohibit the Secretary from establishing criteria or procedures
governing renewable energy production incentives that effectively assign a
higher or lower priority for eligibility or allocation of appropriated funds
on the basis of the energy source proposed. (Sec. 603) Instructs the Secretary
to study and report to Congress on the feasibility of providing guarantees
for loans by private banking and investment institutions for facilities for
processing and conversion of municipal solid waste and sewage sludge into
fuel ethanol and other commercial byproducts. (Sec. 604) Directs the Administrator
and the Secretary to conduct a joint feasibility study and report to Congress
on development of a requirement that motor vehicle fuel sold or introduced
into commerce by a refiner, blender, or importer, be composed of a quantity
of renewable fuel, measured in gasoline-equivalent gallons, including: (1)
evaluation of the use of a banking and trading credit system; and (2) desirability
of requiring an increasing percentage of renewable fuel to be phased in over
a 15-year period. Title VII: Pipelines - Prohibits Federal approval for construction
of a natural gas pipeline to transport natural gas from lands within the Prudhoe
Bay (Alaska) oil and gas lease area that: (1) follows a route traversing submerged
lands beneath, or the adjacent shoreline of, the Beaufort Sea; and (2) enters
Canada at any point north of 68 degrees North latitude. (Sec. 702) Amends
the Natural Gas Act to deny a transportation facility eligibility for inclusion
on the National Register of Historic Places unless: (1) FERC has permitted
its abandonment; or (2) the facility owner has granted written consent to
such eligibility. Title VIII: Miscellaneous Provisions - Authorizes the Secretary
of Energy to make a single grant to a qualified institution to examine and
develop the feasibility of burning post-consumer carpet in cement kilns as
an alternative energy source. Authorizes appropriations. (Sec. 802) Requires
the Secretary to include in certain Department of Energy Organization Act
reports an evaluation of U.S. progress toward obtaining the goal of not more
than 50 percent dependence on foreign oil sources by 2010. (Sec. 803) Requires
the Administrator and the Secretary of Transportation to jointly study and
report to Congress on the impact of aircraft emissions at airports located
within areas that are considered to be in nonattainment for the national ambient
air quality standard for ozone. Division B - Comprehensive Energy Research
and Technology Act of 2001 - Enumerates goals for energy research, development,
demonstration and commercial application programs targeting the following
areas: (1) energy conservation and efficiency with respect to the building
technology, state, and community sector, the industry sector, power technologies,
and the transportation sector; (2) renewable energy targeting hydrogen research,
bioenergy, geothermal technology development, hydropower, concentrating solar
power, photovoltaic energy systems, solar building technology research, wind
energy systems, electric energy systems and storage, international renewable
energy and renewable energy production incentive programs, and renewable program
support; (3) nuclear energy; (4) fossil energy; and (5) science. (Sec. 2004)
Instructs the Secretary of Energy (the Secretary) to perform an assessment
that establishes measurable cost and performance-based goals for specified
five-year periods for programs authorized by this Act. (Sec. 2007) Expresses
the sense of Congress that the funding of the various programs authorized
by titles I through IV of this Act should remain in the same proportion to
each other as provided in this Act, regardless of the total amount of funding
made available for them. Title I: Energy Conservation and Energy Efficiency
- Subtitle A: Alternative Fuel Vehicles - Alternative Fuel Vehicle Acceleration
Act of 2001 - Directs the Secretary to establish an alternative fuel vehicle
competitive grant pilot program for up to 15 State and local governments and
metropolitan transportation authorities. Defines alternative fuel vehicle
as a motor vehicle powered in whole or in part by electricity, liquefied natural
gas, compressed natural gas, liquefied petroleum gas, hydrogen, methanol or
ethanol, or propane. Authorizes appropriations. Subtitle B: Distributed Power
Hybrid Energy Systems - Directs the Secretary to develop and transmit to Congress
a strategy for distributed power hybrid systems which, in part, provides for
development of a research, demonstration, and commercial application program
to ensure reliability, efficiency, and environmental integrity of distributed
energy resources, focusing on technology gaps and barriers that hamper the
use of such systems. (Sec. 2124) Directs the Secretary to: (1) develop and
implement a comprehensive research, development, demonstration, and commercial
application program to improve energy efficiency, reliability, and environmental
responsibility in high power density industries, such as data centers, server
farms, telecommunications facilities, and heavy industry; (2) award competitive,
merit-based grants to consortia of private sector entities for micro-cogeneration
energy technology development; and (3) work with standards development organizations
toward the development of voluntary consensus standards for distributed energy
systems. Subtitle C: Secondary Electric Vehicle Battery Use - Directs the
Secretary to establish and conduct a research, development, and demonstration
program for the secondary use of batteries where their original use was in
transportation applications. Authorizes appropriations. Subtitle D: Green
School Buses - Clean Green School Bus Act of 2001- Directs the Secretary to
establish: (1) a pilot program to award demonstration and commercial application
grants for alternative fuel school buses and ultra-low sulfur diesel school
buses; and (2) a program of cooperative agreements with private sector fuel
cell bus developers for development and demonstration of fuel cell-powered
school buses, and with local governmental units for use of natural-gas powered
school buses. Authorizes appropriations. Subtitle E: Next Generation Lighting
Initiative - Next Generation Lighting Initiative Act - Authorizes the Secretary
to establish the Next Generation Lighting Initiative, a research and development
program to promote advanced lighting technologies (including white light emitting
diodes). Directs the Secretary to study strategies for development and commercial
application of such technologies. Subtitle F: Department of Energy Authorization
of Appropriations - Authorizes appropriations for the following Department
of Energy programs: (1) alternative fuel vehicles; (2) micro-cogeneration
energy technology; (3) the green school bus program; (4) distributed power
hybrid energy systems; (5) secondary electric vehicle battery use; (6) the
Next Generation Lighting Initiative; and (7) energy conservation operation
and maintenance (including building technology, the state and community sector,
the industry and transportation sectors, and power technologies). (Sec. 2161)
Bars the use of funds earmarked for such programs for: (1) residential and
commercial building energy codes; (2) lighting and appliance standards; (3)
the Weatherization Assistance Program; (4) the State Energy Program; and (5)
the Federal Energy Management Program. Subtitle G: Environmental Protection
Agency Office of Air and Radiation Authorization of Appropriations - Environmental
Protection Agency Office of Air and Radiation Authorization Act of 2001 -
Authorizes appropriations to the Administrator of the Environmental Protection
Agency for the Office of Air and Radiation Climate Change Protection Programs,
with specified limitations upon their use. (Sec. 2175) Requires the Administrator
to limit funding for scientific or energy demonstration or commercial application
of Office energy technology programs, projects, or activities to those technologies
or processes that can be reasonably expected to yield new, measurable benefits
to their cost, efficiency, or performance. (Sec. 2176) Permits the reprogramming
of funds, subject to specified conditions. Subtitle H: National Building Performance
Initiative - Requires the Director of the Office of Science and Technology
Policy to establish: (1) an Interagency Group to develop and implement a National
Building Performance Initiative addressing energy conservation, research,
and development, and transmit to Congress a multiyear implementation plan
describing the Federal role in reducing use and operations costs of buildings
by 30 percent by 2020; and (2) a National Building Performance Advisory Committee.
Title II: Renewable Energy - Subtitle A: Renewable Hydrogen - Robert S. Walker
and George E. Brown, Jr. Hydrogen Energy Act of 2001 - Amends the Spark M.
Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990 to
revise its purposes to include the development of a hydrogen production methodology
that minimizes adverse environmental impacts, including efficient and cost-effective
production from renewable resources. (Sec. 2205) Modifies the hydrogen research
and development program to instruct the Secretary to survey private sector
and public sector hydrogen research and development activities worldwide,
taking steps to ensure that research and development activities under this
section do not duplicate available research and development results. (Sec.
2206) Directs the Secretary to launch a fuel cell bus demonstration program
to address hydrogen production, storage, and use in transit bus application.
(Sec. 2207) Modifies the technology transfer program to include application
in foreign countries to increase the global market for the technologies and
foster global economic development without harmful environmental effects.
(Sec. 2209) Abolishes the Hydrogen Technical Advisory Panel as presently constituted.
Directs the Secretary to enter into arrangements with the National Academies
of Sciences and Engineering to establish an advisory committee. (Sec. 2210)
Authorizes appropriations through FY 2006. (Sec. 2211) Amends the Hydrogen
Future Act of 1996 to repeal the program regarding the integration of fuel
cells with hydrogen production systems. Subtitle B: Bioenergy - Bioenergy
Act of 2001 - Authorizes appropriations through FY 2006 for: (1) bioenergy
research and development programs; (2) biofuels energy systems; and (3) integrated
bioenergy research and development. Declares that: (1) such activities shall
be coordinated with ongoing related Federal programs, including the Plant
Genome Program of the National Science Foundation; and (2) funds may be used
to assist in the planning, design, and implementation of projects to convert
rice straw and barley grain into biopower or biofuels. Subtitle C: Transmission
Infrastructure Systems - Directs the Secretary to: (1) implement a comprehensive
research, development, and commercial application program to ensure the reliability
and environmental integrity of electrical transmission systems; and (2) transmit
to Congress a five-year program plan guide. Requires program components to
include: (1) advanced energy technologies and systems; (2) high capacity superconducting
transmission lines and generators; (3) advanced grid reliability and efficiency
technologies development; and (4) technologies contributing to significant
load reductions, advanced metering, load management and control technologies,
and technology transfer and education. Subtitle D: Department of Energy Authorization
of Appropriations - Authorizes appropriations through FY 2004 for Renewable
Energy operation and maintenance (including wave powered electric generation).
Bars the use of such appropriations for either Departmental Energy Management
Program or Renewable Indian Energy Resources. Title III: Nuclear Energy -
Subtitle A: University Nuclear Science and Engineering - Department of Energy
University Nuclear Science and Engineering Act - Directs the Secretary to:
(1) support a program to maintain the nation's human resource investment and
infrastructure in nuclear sciences and engineering; and (2) provide for specified
university research and training reactor infrastructure maintenance and research
activities. (Sec. 2304) Authorizes appropriations through 2006 for: (1) graduate
and undergraduate fellowships; (2) junior faculty research initiation grants;
(3) the nuclear engineering and education research program; (4) communication
and outreach related to nuclear science and engineering; (5) refueling of
research reactors and instrumentation upgrades; (6) relicensing assistance;
(7) a university reactor research and training award program; and (8) university-DOE
laboratory interactions. Subtitle B: Advanced Fuel Recycling Technology Research
and Development Program - Directs the Secretary to conduct an advanced fuel
recycling technology research and development program to promote the availability
of proliferation-resistant fuel recycling technologies as an alternative to
aqueous reprocessing. Authorizes appropriations through FY 2004. Subtitle
C: Department of Energy Authorization of Appropriations - Directs the Secretary,
through the Office of Nuclear, Energy, Science and Technology, to conduct:
(1) a Nuclear Energy Research Initiative for a competitive nuclear energy
research grants program; (2) a Nuclear Energy Plant Optimization research
and development program (in conjunction with industry); and (3) a study of
Generation IV nuclear energy systems. Authorizes appropriations through FY
2004. (Sec. 2344) Authorizes appropriations through FY 2004 for nuclear energy
operation and maintenance, including Advanced Radioisotope Power Systems,
Test Reactor Landlord, and Program Direction. Bars the use of funds authorized
for these programs for: (1) Nuclear Energy Isotope Support and Production;
(2) Argonne National Laboratory-West Operations; (3) Fast Flux Test Facility;
or (4) Nuclear Facilities Management. Title IV: Fossil Energy - Subtitle A:
Coal - Authorizes appropriations through FY 2004 for coal and related technologies
programs. Subtitle B: Oil and Gas - Directs the Secretary to conduct a research,
development, demonstration, and commercial application program on petroleum-oil
and natural gas technologies. (Sec. 2423) Directs the Secretary of the Interior
to report to Congress at two-year intervals regarding the contents of natural
gas and oil deposits at existing drilling sites off the coast of Louisiana
and Texas. (Sec. 2424) Authorizes appropriations for Eastern and Western oil
shale grants. Subtitle C: Ultra-Deepwater and Unconventional Drilling - Natural
Gas and Other Petroleum Research, Development, and Demonstration Act of 2001
- Directs the Secretary of Energy to conduct a research, development, demonstration,
and commercial application program on ultra-deepwater natural gas and petroleum
exploration and production technologies in areas currently available for Outer
Continental Shelf leasing. (Sec. 2444) Declares that, when appropriate, the
National Energy Technology Laboratory and the U.S. Geological Survey shall
implement long-term research programs into new natural gas and other petroleum
exploration and production technologies, including environmental mitigation
technologies for production from unconventional and ultra-deepwater resources,
including methane hydrates. Requires such Laboratory to conduct a program
of research, development, and demonstration of new technologies for the reduction
of greenhouse gas emissions from unconventional and ultra-deepwater natural
gas or other petroleum exploration and production activities, including sub-sea
floor carbon sequestration technologies. (Sec. 2445) Directs the Secretary
to establish an Advisory Committee (whose members are not Federal employees
or contractors) to advise on the selection of an organization to create a
Research Organization and on implementation of this Act. (Sec. 2446) Prescribes
a procedure for selecting an entity to create the Research Organization. Requires
the Research Organization to award competitive grants to research institutions,
institutions of higher education, companies, and consortia conducting research,
development, and demonstration of: (1) unconventional and ultra-deepwater
natural gas or other petroleum exploration; and (2) ultra-deepwater architecture.
(Sec. 2450) Establishes the Ultra-Deepwater and Unconventional Gas Research
Fund (funded by loans from the Treasury and Federal oil and gas income) to
pay for such grants. Subtitle D: Fuel Cells - Directs the Secretary to: (1)
conduct a fuel cell research, development, demonstration, and commercial application
program; and (2) establish a demonstration program of fuel cell technologies
(including fuel cell proton exchange membrane technology) for commercial,
residential, and transportation applications. Authorizes appropriations through
FY 2004. Subtitle E: Department of Energy Authorization of Appropriations
- Authorizes appropriations through FY 2004 for operation and maintenance
for research, development, and commercial application programs on: (1) petroleum-oil
technology and natural gas technologies; (2) fuel cells technologies; and
(3) Fossil Energy Research and Development Headquarters Program Direction,
Field Program Direction, Plant and Capital Equipment, Cooperative Research
and Development, Import/Export Authorization, and Advanced Metallurgical Processes.
(Sec. 2481) Prohibits the use of such appropriations for: (1) Gas Hydrates;
(2) Fossil Energy Environmental Restoration; or (3) research, development,
demonstration, and commercial application pertaining to coal and clean coal
technologies. Title V: Science - Subtitle A: Fusion Energy Sciences - Fusion
Energy Sciences Act of 2001 - Directs the Secretary to develop a plan for:
(1) U.S. construction of a magnetic fusion burning plasma experiment; and
(2) the Fusion Energy Sciences Program to enable such burning plasma experiments.
Authorizes plan development for U.S. participation in an international burning
plasma experiment if the Secretary finds that its construction is highly likely,
and that Federal participation is cost effective relative to the domestic
experiment. (Sec. 2505) Authorizes appropriations through FY 2003 for plan
development and review of the plans under the Fusion Energy Sciences Program,
but not for their implementation. Subtitle B: Spallation Neutron Source -
Authorizes appropriations through 2006 for the Spallation Neutron Source (at
Oak Ridge National Laboratory, Tennessee). Authorizes appropriations through
FY 2006. Subtitle C: Facilities, Infrastructure, and User Facilities - Directs
the Secretary to: (1) develop and implement a least-cost nonmilitary energy
laboratory facility and infrastructure strategy; and (2) prepare and transmit
to Congress a comprehensive ten-year facility maintenance, construction, and
implementation plan at each nonmilitary energy laboratory. Subtitle D: Advisory
Panel on Office of Science - Requires the Director of the Office of Science
and Technology Policy to establish an Advisory Panel on the Office of Science
to: (1) address concerns about the status and future of scientific research
supported by the Office; (2) examine alternatives to the current organizational
structure of the Office within the Department, taking into consideration existing
structures for the support of scientific research in other Federal agencies
and the private sector; and (3) suggest actions to strengthen the scientific
research supported by the Office that might be taken jointly by the Department
and Congress. Subtitle E: Department of Energy Authorization of Appropriations
- Authorizes appropriations through FY 2002 for the Office of Science (including
Facilities, Infrastructure, and User Facilities, High Energy Physics, Nuclear
Physics, Biological and Environmental Research, Basic Energy Sciences (except
for the Spallation Neutron Source), Advanced Scientific Computing Research,
Energy Research Analysis, Multiprogram Energy Laboratories-Facilities Support,
Facilities and Infrastructure, Safeguards and Security, and Program Direction).
Allocates specified sums for research regarding precious metal catalysis (excluding
platinum, palladium, and rhodium). (Sec. 2581) Prohibits the use of such funds
for construction at any national security laboratory or at any nuclear weapons
production facility. Title VI: Miscellaneous - Subtitle A: General Provisions
for the Department of Energy - Sets forth general operating parameters for
the authorized activities and agreements under this Act, including management
and operating contracts, and cost sharing for research and development, demonstration
and commercial application projects. (Sec. 2604) Restricts the Secretary's
funding power to technologies or processes under this Act that can be reasonably
expected to yield new, measurable benefits to cost, efficiency, or performance.
Subjects the Secretary's reprogramming authority to certain congressional
reporting requirements and an appropriations ceiling. Subtitle B: Other Miscellaneous
Provisions - Requires the Secretary to provide notice to the appropriate congressional
committees as a prerequisite to reorganization of any environmental research
or development, scientific or energy research, development, or demonstration,
or commercial application of energy technology program, project, or activity
of the Department. (Sec. 2612) Specifies limits upon general plant and construction
projects, including the Secretary's construction design authority. (Sec. 2615)
Mandates reports to the appropriate congressional committees following review
of the National Energy Policy Development Group Report on: (1) energy efficiency,
renewable energy, and alternative energy research and development; and (2)
more efficient use of the Nation's energy resources. (Sec. 2616) Directs the
Secretary to: (1) enter into arrangements with the National Academies of Sciences
and Engineering to ensure periodic five-year assessments of the programs authorized
by this Act, as well as their measurable cost and performance-based goals,
and progress toward meeting them; and (2) report the results of such reviews
and assessments to congressional committees. Division C - Energy Tax Policy
Act of 2001 - Title I: Conservation - Allows an annual credit of up to $2,000
each for certain portions of qualified photovoltaic property expenditures
and qualified solar water heating property expenditures. (Sec. 3102) Extends
the placed-in-service date for wind facilities and closed-loop biomass facilities
to facilities placed in service after December 31, 1993 (December 31, 1992,
in the case of closed-loop biomass facilities) and before January 1, 2007.
(Sec. 3103) Provides a ten-percent credit (up to $1,000 for each kilowatt
of capacity) for the purchase of qualified stationary fuel cell power plants
for businesses and individuals. (Sec. 3104) Establishes a credit for the purchase
of new qualified fuel cell motor vehicles (between $4,000 and $40,000 depending
on vehicle weight class, vehicle type, and fuel efficiency), new qualified
hybrid motor vehicles (between $250 and $10,000 depending on vehicle weight
class, vehicle type, and fuel efficiency), new qualified alternative fuel
motor vehicles (50 percent of the incremental cost, plus an additional 30
percent for vehicles meeting specified emissions standards), and new advanced
lean burn technology motor vehicles (between $1,000 and $3,500 depending on
fuel efficiency). (Sec. 3105) Extends the deduction for costs of qualified
clean-fuel vehicle property and clean-fuel vehicle refueling property through
December 31, 2007. Begins the present law phase-out in 2005. (Sec. 3106) Limits
the credit for electric vehicles to between $4,000 and $40,000, depending
upon vehicle weight. (Sec. 3107) Provides a credit for the manufacture of
certain energy-efficient clothes washers and refrigerators ($50 or $100 depending
on energy efficiency). (Sec. 3108) Provides a 20-percent nonrefundable credit
($2,000 maximum) for the purchase of qualified energy efficiency improvements
to existing homes. (Sec. 3109) Provides a credit ($2,000 maximum per dwelling)
to an eligible contractor for energy-efficient property installed in a qualified
new energy-efficient home during construction. (Sec. 3110) Allows a deduction
for energy-efficient commercial building property expenditures made by the
taxpayer, equal to the product of $2.25 and the square footage of the property
for which such expenditures were made. (Sec. 3111) Allows a deduction of up
to $30 for each qualified new or retrofitted energy management device placed
in service by any taxpayer who is a supplier of electric energy or natural
gas or a provider of electric energy or natural gas services. (Sec. 3112)
Provides a three-year recovery period for qualified new or retrofitted energy
management devices placed in service by any taxpayer who is a supplier of
electric energy or natural gas or a provider of electric energy or natural
gas services. (Sec. 3113) Provides a ten-percent credit for the purchase of
combined heat and power property. (Sec. 3114) Allows the personal energy credits
added by this Act (the residential solar energy property credit and the energy
efficient improvements to existing homes credit) to offset both the regular
tax and the alternative minimum tax. (Sec. 3115) Repeals the 4.3-cents-per-gallon
General Fund excise tax on diesel fuel used in trains and fuels used in barges
operating on the designated inland waterways system over a prescribed phase-out
period, with total repeal effective January 1, 2010. (Sec. 3116) Provides
a reduced tax rate (19.7 cents per gallon) for diesel fuel blended with water
into an emulsion fuel which is at least 14 percent water. (Sec. 3117) Provides
a ten percent investment tax credit for qualified investments in advanced
clean coal technology facilities. (Sec. 3118) Provides a production credit
for electricity produced from a qualified advanced clean coal technology electricity
generation unit. Title II: Reliability - Establishes a statutory seven-year
recovery period and a class life of ten years for natural gas gathering lines.
(Sec. 3202) Establishes a statutory ten-year recovery period and a class life
of twenty years for natural gas distribution lines. (Sec. 3203) Establishes
a statutory seven-year recovery period and a class life of ten years for assets
used in petroleum refining. (Sec. 3204) Permits small business refiners to
expense for up to 75 percent of the costs paid or incurred for the purpose
of complying with the EPA Highway Diesel Fuel Sulfur Control Requirements.
(Sec. 3205) Allows a small business refiner to claim a limited credit equal
to five cents per gallon of low sulfur diesel fuel produced. (Sec. 3206) Amends
the formula for determining the small refiner exception to the ordinary oil
depletion deduction to increase from 50,000 barrels to 75,000 barrels per
year the maximum production of an eligible small refiner. (Sec. 3207) Provides
for tax-exempt bond financing of certain electric facilities. Excepts government-owned
electric output facilities from private business use limitations with respect
to any permitted open access activity or sale of electricity by the governmental
unit. (Sec. 3208) Permits a taxpayer to elect to treat as an involuntary conversion
any sale or disposition of electric transmission made to implement FERC or
State electric restructuring policy. (Sec. 3209) Excepts from the recognition
of gain on the distribution of property the acquisition of stock in any controlled
corporation in a qualifying electric transmission transaction. (Sec.3210)
Modifies the special rules concerning nuclear decommissioning costs. (Sec.
3211) Provides that income received or accrued by a rural electric cooperative
from any open access transaction (other than income from a member of the cooperative)
or from any nuclear decommissioning transaction shall be excluded from any
determination whether a rural electric cooperative satisfies the 85-percent
member income test for tax exemption purposes. (Sec. 3212) Repeals the requirement
that certain approved terminals of registered persons offer dyed diesel or
kerosene for nontaxable purposes. (Sec. 3213) Excepts from the general rule
that tax-exempt bond financed prepayments violate arbitrage restrictions any
prepayment financed with tax-exempt bond proceeds for the purpose of obtaining
a supply of natural gas: (1) 85 percent of which is to be used in the State
where the bond issuer is located; and (2) which is to be used in the business
of one or more governmental utilities. Declares that the private loan financing
test shall not apply to such prepayments, nor shall they be treated as the
acquisition of investment-type property. Title III: Production - Establishes
a specified credit for producing oil and gas from marginal wells. (Sec. 3302)
Suspends the limit on percentage depletion deductions to no more than 65 percent
of overall taxable income for years beginning after December 31, 2001, and
before January 1, 2007. Extends from 2003 to 2007 the suspension of the 100
percent net-income limitation for marginal wells. (Sec. 3303) Permits the
current deduction of: (1) delay rental payments incurred in connection with
the development of oil or gas within the U.S.; and (2) geological and geophysical
costs incurred in connection with oil and gas exploration in the U.S. (Sec.
3305) Provides a special five-year carryback for certain eligible oil and
gas net operating losses. (Sec. 3306) Permits taxpayers to claim credit for
production of certain non-conventional fuels produced at wells placed in service
after the date of enactment and before January 1, 2007. Permits production
from certain existing wells (any well drilled after December 31, 1979, and
before January 1, 1993) to claim a credit through 2006. (Sec. 3307) Allows
the business energy credits added by this Act against the regular tax and
the alternative minimum tax. (Sec. 3308) Repeals the alternative minimum tax
preference for intangible drilling or development costs for oil and gas wells
for taxpayers other than integrated oil companies. (Sec. 3309) Repeals temporarily
(from January 1, 2002, through December 31, 2005) the alternative minimum
tax limitation on the enhanced oil recovery credit. (Sec. 3310) Extends, for
three years, certain benefits for energy related businesses on Indian reservations.
Division D - Amends the following Federal housing statutes to incorporate
energy conservation and efficiency activities and incentives within the scope
of: (1) the HUD Demonstration Act of 1993; (2) the Housing and Community Development
Act of 1974; (3) the National Housing Act (relating to mortgage insurance);
(4) the U.S. Housing Act of 1937 (relating to public housing capital fund);
and (5) the National Energy Conservation Policy Act. (Sec. 4106) Amends the
North American Free Trade Agreement Implementation Act, with respect to the
North American Development Bank, to provide that Board members representing
the United States should use their voice and vote to encourage the Bank to
finance projects related to clean and efficient energy, including energy conservation,
that prevent, control, or reduce environmental pollutants or contaminants.
Division E - Clean Coal Power Initiative Act of 2001 - Directs the Secretary
of Energy to: (1) carry out programs of research on and development, demonstration,
and commercial application of clean coal technologies, and other specified
coal and related technologies; (2) perform an assessment that establishes
cost and performance goals for such programs for specified five-year periods;
and (3) award competitive, merit-based grants to universities that show the
greatest potential for advancing new clean coal technologies for the establishment
of Centers of Excellence for Energy Systems of the Future. Authorizes appropriations
through 2011. Division F - Energy Security Act - Title I: General Protections
for Energy Supply and Security - Mandates: (1) a review and report by certain
Federal agencies on whether rights-of-way for transportation across Federal
lands of energy supplies or transmission of electricity can be used to support
new or additional capacity; (2) an inventory of the solar, wind, coal, and
geothermal energy production potential of all Federal public lands (other
than national park and wilderness lands) by the Secretaries of the Interior,
of Agriculture, and of Energy, including restrictions and impediments to development;
(3) Federal agency review of regulations to determine barriers for emerging
energy-efficient technologies; and (4) establishment of an administrative
interagency task force to develop an interagency agreement to expedite environmental
review and permitting of natural gas pipeline projects. (Sec. 6105) Expresses
the sense of Congress that Federal land managing agencies should enhance the
use of energy efficient technologies in the management of natural resources.
Instructs the Secretaries of the Interior and of Agriculture, respectively,
to seek to incorporate energy efficient technologies in the buildings, public
lands, and resources they manage, including the use of energy efficient vehicles.
(Sec. 6106) Directs the Secretary of Energy and the Chairman of the Federal
Energy Regulatory Commission to study and report jointly to Congress on the
location and extent of anticipated demand growth for natural gas consumption
in the area covered by the Western System Coordinating Council. Title II:
Oil and Gas Development - Subtitle A: Offshore Oil and Gas - Royalty Relief
Extension Act of 2001 - Mandates: (1) use of a specified bidding system under
the Outer Continental Shelf Lands Act for certain oil and gas lease sales
occurring within two years after enactment of this Act located in the Western
and Central Planning Area of the Gulf of Mexico; and (2) a National Academy
of Sciences assessment and report to Congress regarding existing Gulf of Mexico
oil and natural gas resources, including recommendations for increased production.
Subtitle B: Improvement to Federal Oil and Gas Management - Federal Oil and
Gas Lease Management Improvement Demonstration Program Act of 2001 - Mandates
a joint study and report to Congress by the Secretaries of Agriculture and
of the Interior regarding regulatory impediments to oil and natural gas leases
and operations on Federal onshore lands, in order to identify means by which
impediments to expeditious oil and natural gas exploration and production
on such lands can be removed. (Sec. 6223) Instructs the Secretary concerned
to ensure that unwarranted denials and stays of lease issuance and restrictions
on lease operations are eliminated from the administration of oil and natural
gas leasing on Federal land. Requires the Secretary to provide a written,
detailed explanation upon: (1) rejection of an offer to lease; and (2) disapproval
or required modification of surface use plans of operations and applications
for permit to drill for oil or natural gas on Federal lands. (Sec. 6224) Prohibits
the Secretary from recovering the costs of oil and gas lease applications
and related documents. Subtitle C: Miscellaneous - Amends the Outer Continental
Shelf Lands Act to authorize the Secretary of the Interior, in order to facilitate
discovery of additional hydrocarbon reserves, to grant requests for the suspension
of lease operations for subsalt exploration in order to allow reprocessing
and reinterpretation of data to identify and define drilling objectives pertaining
to allocthonus salt sheets. (Sec. 6232) Prescribes guidelines for the payment
in kind of oil and gas royalties to the United States. Authorizes the Secretary
of the Interior, in disposing of royalty oil or gas taken in kind, to grant
a preference to any person, including any State or Federal agency, for the
purpose of providing additional resources to any Federal low-income energy
assistance program. (Sec. 6233) Identifies royalty rate reductions for certain
marginal oil and gas wells production declines. (Sec. 6234) Amends the Mineral
Leasing Act to authorize the Secretary of the Interior, through royalty credits,
to reimburse lessees, operators, operating rights owners, and lease applicants
for their costs incurred in complying with documentation requirements of the
National Environmental Policy Act of 1969. (Sec. 6235) States that Congress
encourages: (1) the States of Illinois, Michigan, New York, Pennsylvania,
and Wisconsin to continue to prohibit off-shore drilling in the Great Lakes
for oil and gas; (2) the States of Indiana, Minnesota, and Ohio and the Canadian
Province of Ontario to enact a prohibition of such drilling; and (3) the Canadian
Province of Ontario to require the cessation of any such drilling and any
production resulting from such drilling. Title III: Geothermal Energy Development
- Amends the Geothermal Steam Act of 1970 to reduce the maximum royalty from
15 percent to 8 percent, and eliminate any minimum royalty. Exempts from royalties:
(1) geothermal energy leases during the first three years of commercial production
of heat or energy from a facility whose production commences within the five-year
period after enactment of this Act; and (2) qualified expansion geothermal
energy. (Sec. 6302) Substitutes an annual fee based upon the scale of development
and utilization for any royalty or rental for leases for development and direct
utilization of low temperature geothermal resources. (Sec. 6303) Prohibits
issuance of a geothermal lease for lands withdrawn or acquired in aid of the
Department of Agriculture if the Secretary of Agriculture, after consultation
with any Regional Forester having administrative jurisdiction over the lands
concerned, determines that no terms or conditions would be sufficient to protect
them adequately under the National Forest Management Act of 1976. Requires
the Secretary to include in the record of decision for such determination
any written statement prepared by a Regional Forester consulted by the Secretary,
or an explanation why such statement is not included. (Sec. 6304) Requires
the Secretary of the Interior to issue final determinations on pending noncompetitive
geothermal lease applications within 90 days after enactment of this Act.
(Sec. 6305) Opens public lands under military jurisdiction for geothermal
steam and associated resources development and utilization without the need
for further Federal action. Provides for closure of such lands in the event
of a national emergency, or for national defense or security purposes. (Sec.
6307) Directs the Secretary of the Interior to report to Congress on the status
and applicability of all moratoria and withdrawals from leasing in connection
with known geothermal resource areas. (Sec. 6308) Amends the Geothermal Steam
Act of 1970 to authorize the Secretary of the Interior to reimburse, through
royalty credits, lessees, operators, operating rights owners, and lease applicants
for their costs incurred in complying with documentation requirements of the
National Environmental Policy Act of 1969. Title IV: Hydropower - Instructs
the Secretary of the Interior to study and report to Congress on the potential
for increasing the electric power production capability of existing facilities.
(Sec. 6402) Authorizes Federal installation of a powerformer at the Bureau
of Reclamation Folsom power plant in Folsom, California. Instructs the Secretary
to seek contributions from power users toward powerformer costs and installation.
(Sec. 6403) Mandates studies for operational methods and water scheduling
techniques for increased efficiencies in hydroelectric power projects. (Sec.
6404) Directs the Secretary of the Interior to shift Bureau of Reclamation
project loads to off-peak periods to minimize the amount of electric power
consumed for water pumping purposes. Requires consent of the affected irrigation
customers for such pumping adjustment. Title V: Arctic Coastal Plain Domestic
Energy - Arctic Coastal Plain Domestic Energy Security Act of 2001 - Directs
the Secretary of the Interior to: (1) establish a competitive oil and gas
leasing that will result in an environmentally sound program for the exploration
and production of oil and gas resources of the Arctic Coastal Plain; and (2)
administer such program so as to ensure no significant adverse effect upon
fish and wildlife. (Sec. 6503) Amends the Alaska National Interest Lands Conservation
Act of 1980 to repeal the prohibition against production of oil and gas from
the Arctic National Wildlife Refuge, and any leasing or development leading
to such production. Authorizes the Secretary to: (1) designate a maximum total
of Coastal Plain acreage as "Special Areas" closed to leasing if
the Secretary determines that they require special management and regulatory
protection; and (2) permit leasing in those Special Areas by setting lease
terms that restrict surface use and occupancy but permit the use of horizontal
drilling technology from lease sites located outside the Special Areas. Declares
that this Act constitutes the Secretary's sole authority to close Coastal
Plain lands to oil and gas leasing and to exploration, development, and production.
(Sec. 6504) Directs the Secretary to offer for lease, in the first lease sale
under this Act, at least 200,000 acres in those tracts considered to have
the greatest potential for discovery of hydrocarbons. (Sec. 6505) Authorizes
the Secretary to grant any of such lands on the Coastal Plain to the highest
responsible qualified bidder in such a lease sale, upon payment of a bonus
to the Secretary. (Sec. 6506) Specifies the terms and conditions of any such
oil or gas lease. (Sec. 6507) Provides that Coastal Plain environmental protection
guidelines shall use the "no significant adverse effect" standard
to govern authorized activities, including: (1) site-specific assessment and
mitigation; (2) regulations to protect Coastal Plain fish, wildlife resources,
and subsistence users; (3) compliance with Federal and State environmental
laws; and (4) administrative provisions that ensure that the maximum amount
of surface acreage covered by production and support facilities, including
airstrips and areas covered by gravel berms or piers for pipeline support,
does not exceed 2,000 on the Coastal Plain. (Sec. 6508) Provides for expedited
judicial review of any provision of this title or Secretarial action under
it. (Sec. 6509) Empowers the Secretary of the Interior to grant rights-of-way
and easements across the Coastal Plain, subject to conditions meeting the
"no significant adverse effect" standard. (Sec. 6510) Instructs
the Secretary of the Interior to convey: (1) the surface estate of specified
lands to the Kaktovik Inupiat Corporation; and (2) the subsurface estate beneath
such lands to the Arctic Slope Regional Corporation. (Sec. 6511) Establishes
the Coastal Plain Local Government Impact Aid Assistance Fund to provide financial
assistance to eligible entities directly impacted by oil and gas exploration
on the Coastal Plain. (Sec. 6512) Sets forth an oil and gas leasing revenue
allocation formula under which 50 percent shall be paid to the State of Alaska,
and the balance between Renewable Energy Technology Investment Fund and the
Royalties Conservation Fund (established by this Act.). Title VI: Conservation
of Energy by the Department of the Interior- Directs the Secretary of the
Interior to study and report to Congress on energy conservation in the Department,
including the promotion of the use of alternative energy sources throughout
Department facilities and Federal lands. (Sec. 6602) Amends the Federal law
known as the Buy Indian Act to authorize the Secretary of the Interior to
purchase in open market any energy products and by-products that are the products
of Indian industry. Title VII: Coal - Bars the Secretary of the Interior from
recovering costs in connection with applications and documents relating to
coal leases. (Sec. 6702) Amends the Mineral Leasing Act to authorize the Secretary
to extend the diligent development period for mining plans beyond the statutory
forty-year maximum. (Sec. 6703) Revises conditions of a coal lease to: (1)
provide that advance royalties shall be computed based upon the average price
for coals sold in the spot market from the same region during the last month
of each applicable continued operation year; and (2) extend from ten to twenty
years the aggregate number of years for which advance royalties may be accepted
in lieu of the continuous operation prerequisite. Repeals the provision that
denies the Secretary authority to waive, suspend, or reduce advance royalties
(thus allowing the exercise of such authority). (Sec. 6704) Eliminates the
statutory deadline for submission of a coal lease operation and reclamation
plan. Title VIII: Insular Areas Energy Security - Amends Federal law relating
to certain insular areas of the United States to prescribe guidelines for
mandatory comprehensive energy plans. Authorizes such Secretary to make grants
to U.S. territories to implement eligible projects to protect electric power
transmission and distribution lines from damage caused by hurricanes and typhoons.
Authorizes appropriations. Division G - Prohibits the availability of funds
authorized under this Act to any convicted violator of the Buy American Act.
Bill
Number: H.R. 238
Short Title: (No short title)
Introduced: January 20, 2001
Sponsor: Congressman Duncan Hunter (R-CA)
Purpose: To amend the Department of Energy Authorization Act to authorize
the Secretary of Energy to impose interim limitations on the cost of electric
energy to protect consumers from unjust and unreasonable prices in the electric
energy market. (House version of S. 26)
Summary: Amends the Department of Energy Organization Act to direct
the Secretary of Energy to impose an interim regional price limitation, or
cost-of-service based rate, upon sales of electric energy at wholesale rate
in interstate commerce subject to the jurisdiction of the Federal Energy Regulatory
Commission (FERC) whenever: (1) FERC determines that the pertinent rate, charge,
or classification is unduly preferential, unjust, or unreasonable, or the
Secretary determines that it exceeds significantly the marginal cost of electric
energy production; and (2) the continued existence of such rate, charge, or
classification threatens public health and safety or regional economy, and
FERC has otherwise failed to act to improve the situation. Authorizes the
Governor of any State within such affected region to waive application of
the price limitation. Exempts from the interim price limitations of this Act
sales of electric energy generated by certain small power production or cogeneration
facilities under the purview of the Public Utility Regulatory Policies Act
of 1978.
Bill
Number: H.R. 264
Short Title: (No short title)
Introduced: January 30, 2001
Sponsor: Congressman Peter DeFazio (D-OR)
Purpose: To require the Federal Energy Regulatory Commission (FERC)
to return to the cost-based regulation of wholesale interstate sales of electricity,
and for other purposes.
Summary: Instructs the Federal Energy Regulatory Commission to regulate
rates and charges for (wholesale interstate) electric energy sales within
its jurisdiction on the same (cost) basis as they were regulated prior to
issuance of specified FERC orders on April 24, 1996.
Bill
Number: H.R. 268
Short Title: California Electricity Consumers Relief Act of 2001
Introduced: January 30, 2001
Sponsor: Congressman Bob Filner (D-CA)
Purpose: To require the Federal Energy Regulatory Commission to order
refunds of unjust, unreasonable, unduly discriminatory or preferential rates
or charges for electricity, and to establish cost-based rates for electricity
sold at wholesale in the Western Systems Coordinating Council. (House
version of S. 80)
Summary: Amends the Federal Power Act to direct the Federal Energy
Regulatory Commission (FERC) to: (1) order a refund (with interest) of that
portion of electricity rates or charges that FERC finds to be in excess of
market-based rates that are just, reasonable, and neither unduly discriminatory
nor preferential; and (2) issue an order establishing the maximum price for
electricity sold at wholesale in the Western System Coordinating Council after
June 1, 2000, if it determines that rates charged for wholesale sales of electricity
are unjust and unreasonable under the Federal Power Act. Prescribes guidelines
governing: (1) FERC response to certain State petitions regarding such unjust
rates; (2) FERC establishment of maximum electricity prices; (3) mandatory
refunds of prices paid in excess of such maximum; and (4) civil penalties
for violations of this Act.
Bill
Number: H.R. 312
Short Title: National Electricity Reliability Act
Introduced: January 30, 2001
Sponsor: Congressman Albert Wynn (D-MD)
Purpose: To amend the Federal Power Act to provide for the reliability
of the electric power transmission system in the United States, and for other
purposes.
Summary: Amends the Federal Power Act to provide for the establishment
of mandatory reliability standards governing the reliable operation of the
bulk-power system. Grants the Federal Energy Regulatory Corporation (FERC)
approval and enforcement jurisdiction regarding compliance by: (1) the Electric
Reliability Organization (Organization, approved by FERC pursuant to this
Act); (2) all Affiliated Regional Reliability Entities; (3) all system operators;
and (4) all users of the bulk-power system. Mandates that: (1) the Organization
act to gain recognition in Canada and Mexico; and (2) the United States use
its best efforts to enter into international agreements with those countries
to effectuate compliance with Organization standards, and to promote the Organization's
mission. Requires every system operator to be a member of the electric reliability
organization and of any Affiliated Regional Reliability Entity pertinent to
the region in which the system operator either operates, or is responsible
for the operation of a bulk-power system facility. Grants the Organization
disciplinary and enforcement powers. Provides for the assessment and recovery
of implementation and enforcement costs incurred by the Organization and each
Affiliated Regional Reliability Entity, respectively. Directs the Commission,
upon the petition of two-thirds of the States within a region that have more
than one-half of their electric loan served within such region, to establish
a regional advisory body to advise on: (1) the governance of an existing or
proposed affiliated regional reliability entity; and (2) whether a proposed
organization standard, entity rule, variance, or assessment fee is just, reasonable,
not unduly discriminatory or preferential, and in the public interest.
Bill
Number: H.R. 381
Short Title: Ratepayer Protection Act
Introduced: January 31, 2001
Sponsor: Congressman Cliff Stearns (R-FL)
Purpose: To prospectively repeal Section 210 of the Public Utility
Regulatory Policies Act of 1978.
Summary: Declares that no electric utility shall be required to enter
into a new contract or obligation to purchase or sell electric energy or capacity
pursuant to the Public Utility Regulatory Policies Act of 1978 governing cogeneration
and small power production. Directs the Federal Energy Regulatory Commission
to promulgate and enforce regulations to assure that no utility shall be required
to absorb the costs associated with electric energy or capacity purchases
from a qualifying facility executed before this Act's enactment date, and
governed by such provisions (thus assuring such utilities recovery of all
costs associated with such purchases). Provides that such regulations shall
be treated as a rule enforceable under the Federal Power Act.
Bill
Number: H.R. 416
Short Title: Environmental Priorities Act of 2001
Introduced: February 6, 2001
Sponsor: Congressman Robert Andrews (D-NJ)
Purpose: To establish a Fund for Environmental Priorities to be funded
by a portion of the consumer savings resulting from retail electricity choice,
and for other purposes.
Summary: Requires providers of retail electric services to contribute
to the fiscal agent for the Environmental Priorities Board (established by
this Act) ten percent of the total consumer savings for the consumer sector
for that calendar year. Requires the Administrator of the Environmental Protection
Agency to establish a National Environmental Priorities Board to establish
regulations governing creation of an Environmental Priorities Program. Authorizes
States in which retail electric service choice has been established for any
consumer sector to establish public purpose programs and apply for matching
funding to support environmental priorities programs.
Bill
Number: H.R. 443
Short Title: Public Oversight of Wholesale Electric Rates (POWER)
Act
Introduced: February 6, 2001
Sponsor: Congressman Bob Filner (D-CA)
Purpose: To amend the Internal Revenue Code of 1986 to impose a windfall
profit tax on wholesale electric energy sold in the Western System Coordinating
Council.
Summary: Amends the Internal Revenue Code to impose an excise tax on
the windfall profit from the sale of electricity at wholesale in the Western
System Coordinating Council. Sets the tax at 100 percent of the windfall profit.
Bill
Number: H.R. 704
Short Title: Energy Time Adjustment Authorization Act
Introduced: February 14, 2001
Sponsor: Congressman Brad Sherman (D-CA)
Purpose: To permit the States in the Pacific time zone to temporarily
adjust the standard time in response to the energy crisis.
Summary: States that if the legislature of any of the States of California,
Nevada, Oregon, or Washington finds that adjusting the standard time is necessary
to help alleviate the energy crisis, then it may make any adjustments to the
standard time, on a statewide basis, as it considers necessary, through December
31, 2003. Authorizes the legislature of any such State to make the same adjustment
made by any such designated sister State without first making the requisite
statutory finding.
Bill
Number: H.R. 954
Short Title: Home Generation Act
Introduced: March 8, 2001
Sponsor: Congressman Jay Inslee (D-WA)
Purpose: To amend the Federal Power Act to promote energy independence
and self-sufficiency by providing for the use of net metering by certain small
electric energy generation systems.
Summary: Amends the Federal Power Act to mandate that: (1) each retail
electric supplier make available an electric energy meter capable of net metering
to certain retail customers that have installed an energy generation unit
intended for net metering; and (2) rates, charges, and contract terms for
electric energy sales to customer-generators be the same as those that would
be applicable if the customer-generator did not own or operate a qualified
generation unit and use a net metering system. Prescribes the manner in which
such retail electric suppliers shall calculate the net energy measurement
and billing for a customer using a net metering system. Subjects qualified
generation units and net metering systems to specified safety, performance,
and reliability standards. Authorizes the Federal Energy Regulatory Commission
(FERC) to: (1) adopt additional control and testing requirements for customer-generators
necessary to protect public safety and system reliability; and (2) prohibit
additional charges by electric suppliers and local distribution systems for
equipment or services for safety or performance additional to those necessary
to meet such standards. Sets a deadline for FERC to promulgate: (1) model
standards for the physical connection between local distribution systems and
qualified generation units and other specified electric generation units;
and (2) regulations ensuring simplified contracts will be used for the interconnection
of electric energy by electric energy transmission or distribution systems
and generating facilities with a power production capacity of 250 kilowatts
or less.
Bill
Number: H.R. 971
Short Title: (No short title)
Introduced: March 8, 2001
Sponsor: Congressman Greg Walden (R-OR)
Purpose: To require that payment be guaranteed whenever any supplier
of electric energy is required to sell electric energy to a purchaser under
the emergency authority of section 202(c) of the Federal Power Act, and for
other purposes.
Summary: Amends the Federal Power Act to condition the emergency powers
of the Federal Energy Regulatory Commission to order temporary delivery of
electric energy upon a full guarantee that the appropriate Federal or State
government will compensate or reimburse the supplier subject to such order.
Bill
Number: H.R. 979
Short Title: (No short title)
Introduced: March 13, 2001
Sponsor: Congressman Duncan Hunter (R-CA)
Purpose: To authorize the President and the Governor of a State to
suspend certain environmental and siting requirements applicable to fossil
fuel fired electric power plants to alleviate an electric power shortage that
may present a threat to public health and safety, and for other purposes.
Summary: Authorizes the President to: (1) suspend certain environmental
control and siting requirements relating to electric power generation from
fossil fuel fired electric generating facilities whenever an emergency shortage
of electric generation capacity threatens the public health and safety or
economy of a State; and (2) delegate such suspension authority to the Governor
of an affected State.
Bill
Number: H.R. 1045
Short Title: Energy Self-Sufficiency Act for the 21st
Century
Introduced: March 15, 2001
Sponsor: Congresswoman Heather Wilson (R-NM)
Purpose: To lower energy costs to consumers, increase electric system
reliability and provide environmental improvements, through the rapid deployment
of distributed energy resources.
Summary: Requires a utility distribution company to interconnect its
local utility distribution facilities with, and provide service to, a distributed
generation facility, if the facility owner or operator: (1) complies with
a final rule promulgated by the Federal Energy Regulatory Commission (FERC)
that establishes safety, reliability, and power quality standards for such
a facility; and (2) pays the just, reasonable, and non-discriminatory costs
directly related to such interconnection and service. Requires FERC to establish
an advisory commission to make recommendations regarding promulgation of such
a rule. Amends the Internal Revenue Code to extend the energy tax credit to
distributed energy resources property placed in service during the taxable
year, including distributed power property and combined heat and power system
property. Instructs the Secretary of Energy to implement an accelerated cooperative
research and development program to ensure reliability, efficiency, and environmental
responsibility of Distributed Energy Resources, including: (1) Advanced Energy
Technologies and Systems Development; (2) Advanced Grid Reliability Technologies
development; and (3) Technology Transfer and Education. Directs the Secretary
to develop and submit to Congress a six-year research and development program
plan.
Bill
Number: H.R. 1075
Short Title: (No short title)
Introduced: March 15, 2001
Sponsor: Congressman Duncan Hunter (R-CA)
Purpose: To allow any business or individual in any state experiencing
a power emergency to operate any type of power generation available to ensure
their economic stability.
Summary: Permits an individual or business located in a State experiencing
a power emergency on any given day to operate any type of power generation
available using any fuel available, to ensure the individual's or business'
economic stability. Requires any person or State official, upon the request
of either the Secretary of Energy or the Federal Energy Regulatory Commission,
to share information regarding the available supply of or the projected demand
for electricity. Prohibits emissions attributable to generation permitted
solely because of such power emergency from being taken into account for purposes
of determining the attainment or nonattainment status of an area under the
Clean Air Act.
Bill Number: H.R.
1101
Short Title: Public Utility Holding Company Act of
2001
Introduced: March 20, 2001
Sponsor: Congressman Charles Pickering (R-MS)
Purpose: To repeal the Public Utility Holding Company Act
of 1935, to enact the Public Utility Holding Company Act of 1999,
and for other purposes.
Summary: Repeals the Public Utility Holding Company Act of
1935. Prescribes procedural guidelines for both Federal Energy
Regulatory Commission (FERC) and State access to records of a
holding company (including subsidiaries, associates, and
affiliates) of a public utility or natural gas company. Instructs
FERC to promulgate a final rule to exempt specified holding
companies from such access requirements. Requires FERC to exempt
any person or transaction from such access requirements if it finds
that regulation of such person or transaction is irrelevant to the
jurisdictional rates of a public utility or natural gas company.
Retains the jurisdiction of FERC and State commissions to determine
whether a public utility company or natural gas company may recover
in rates any costs of affiliate transactions. Declares this Act
inapplicable to: (1) the United States; (2) a State or its
political subdivision; and (3) a foreign governmental authority not
operating in the United States. Grants FERC certain Federal Power
Act enforcement powers. Amends the Federal Power Act to repeal its
conflict of jurisdiction guidelines.
Bill Number: H.R.
1459
Short Title: Electric Power Industry Tax Modernization
Act
Introduced: April 4, 2001
Sponsor: Congressman J.D. Hayworth (R-AZ)
Purpose: To amend the Internal Revenue Code of 1986 to
improve electric reliability, enhance transmission infrastructure,
and to facilitate access to the electric transmission grid.
Summary: Amends the Internal Revenue Code to permit a
governmental unit to make an irrevocable election to terminate
certain tax-exempt bond financing for electric output facilities.
Sets forth provisions concerning independent transmission
companies. Provides for the exclusion from gross income as
contributions to capital of certain amounts received by electric
utilities. Revises the special rules concerning the tax treatment
of nuclear decommissioning costs.
Bill Number: H.R.
1468
Short Title: Energy Price and Economic Stability Act of
2001
Introduced: April 4, 2001
Sponsor: Congressman Jay Inslee (D-WA)
Purpose: To direct the Federal Energy Regulatory Commission
(FERC) to implement short-term cost-of-service based energy
rates.
Summary: Instructs the Federal Energy Regulatory Commission
to establish cost-of-service-based rates for electric energy
(unless generated by a new generation facility) that is sold at
wholesale, through April 30, 2003, for use in the area covered by
the Western Systems Coordinating Council of the North American
Electric Reliability Council. Provides for State enforcement of
this Act. Instructs FERC to order refunds of rates and charges in
the area covered by the Coordinating Council if electric energy
sales were not just and reasonable. Amends the Federal Power Act to
prohibit any FERC order for emergency connection or exchange of
facilities unless the person subject to such order has been
guaranteed full payment or reimbursement by either the Federal or
State government.
Bill Number: H.R.
1601
Short Title: Rural Electric Tax Equity Act
Introduced: April 26, 2001
Sponsor: Congressman Scott McInnis (R-CO)
Purpose: To amend the Internal Revenue Code of 1986 to
facilitate electric cooperative participation in a competitive
electric power industry.
Summary: Amends the Internal Revenue Code to permit an
exempt mutual or electric cooperative to exclude from income
certain prepayments of any loan, debt, or obligation made, insured,
or guaranteed under the Rural Electrification Act of 1936. Adds
rules concerning the treatment of certain amounts received by
taxable electric cooperatives.
Bill Number: H.R.
1647
Short Title: The Electricity Emergency Relief
Act
Introduced: May 1, 2001
Sponsor: Congressman Joe Barton (R-TX)
Purpose: To provide for electricity emergencies.
Summary: Directs the Federal Energy Regulatory Commission
(FERC) to: (1) establish a clearinghouse system to facilitate
agreements between wholesale sellers of electric energy and
wholesale purchasers willing to forego temporarily electric energy
purchases to which they are entitled; (2) implement a program that
authorizes any electric consumer of any electric utility within the
Western Systems to sell at market prices an amount of electric load
the consumer is willing to forego; (3) study electric power
transmission congestion jointly with the Secretary of Energy; and
(4) develop a plan to relieve constraints that reduce the
efficiency of electric power transmission, including Canadian and
Mexican electric transmission systems. Authorizes the Administrator
of the Western Area Power Administration System to expand its
transmission system to remove the PATH 15 constraint. Establishes
an Office of Tribal Energy within the Department of Energy. Sets
guidelines for either a qualifying small power production facility
or cogeneration facility suspension of electric energy due to
nonpayment. Instructs FERC to promulgate a standard article to
permit increased generation at licensed hydroelectric facilities.
Permits, upon request of certain State Governors: (1) the
Administrator of the Bonneville Power Administration to authorize
maximized electric generation at hydropower facilities providing
power to the Administration; (2) the Administrator of the
Environmental Protection Agency to waive Clean Air Act requirements
pertaining to oxides of nitrogen for new generation units; and (3)
the Secretary to authorize a qualified Federal electric generation
facility to generate electric energy for consumption or for sales
for local State distribution. Authorizes a State Governor, on any
high electricity emergency day, to waive Clean Air Act emission
limitations. Provides for a regional transmission organization for
the region covered by the Western Systems Coordinating
Council.
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